IBBAN SAHIB Vs. SMT. ANWAR BEGUM

JUDGEMENT

(1.) HAVING perused the judgment of the learned District Judge and having heard Mr. B.D. Mandhyan for the appellant, I find no error in the order directing the return of the child's custody to her mother. Mr. Mandhyan alleged that due to lapse of time the child did not even recognise her mother. That may be so. It is unfortunate that a matter like this has taken about 2 years in the District Court. Nevertheless I do hope that the child will start recognising the mother as soon as she returns to her lap. There may be difficulty for a day or so. Mr. Mandhyan then said that the learned District Judge has not considered the question of the welfare of the child and has not even adverted to the means of the mother. The marriage between the parties subsists. According to the Muslim law while the right to the custody of the child belongs to the mother, the father is bound to provide and look after not only the child but also the mother, namely, his wife, so long as hizanat lasts. Moreover, the welfare of the child who would be now about 3 2 lies in the custody of the mother inasmuch as there is nothing against her, of course, so long as her right of hizanat stands. If there is any lack of means with her, it will be the duty of the appellant to make provision not only for the child but also for the mother. Dismissed under Order 41, Rule 11 C.P.C.